DURGAPUR RAYATWARI COLLIERY KAMGAR SAHAKARI PAT SANSTHA,CHANDRAPUR vs. ITO WARD-2, CHANDRAPUR

In the result, appeal filed by the assessee is partly allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

40A(3), 43B, etc of the Act and other specific disallowances , related to the business activity against which the Chapter VI A Deductions has been claimed, result in enhancement of the profits of eligible business, and that deduction under Chapter VI A is admissible on the profits of the eligible business, and that deduction under chapter VI A is admissible

ASSTT. CIT CENTRAL CIRCLE-1(1), NAGPUR vs. SMT. JOTI SURESH BAJORIA , NAGPUR

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.151/Nag/2018 िनधा"रण वष" / Assessment Year : 2013-14 The Assistant Smt. Jyoti Suresh Bajoria, Commissioner Of Income V 402/403, Jagat Plaza, Law Tax, Circle-1(1), S College Square, Amravati Nagpur. Road, Nagpur – 440010. Pan: Abrpb2740G Appellant / Revenue Respondent /Assessee Assessee By Shri Kapil Sharma– Ar Revenue By Shri Kailash Kanojiya – Dr Date Of Hearing 28/08/2023 Date Of Pronouncement 31/08/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue I.E.Acit, Circle-1(1), Nagpur Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-3, Nagpur Dated 26.03.2018 Emanating From The Assessment Order Under Section 143(3) R.W.S 153A Income Tax Act, 1961 (In Short “The Act”). The Revenue Has Raised Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law, Smt. Jyoti Suresh Bajoria [R]

disallowance under section 40A(3) as assessee has made certain purchases in cash in violation of section 40A(3). Aggrieved by the order of the AO, the assessee filed appeal before the ld.CIT(A). The ld.CIT(A) in para 6.2.9 held as under : “6.2.9 I find that in case of the appellant a search and seizure 2

ITO WARD-1(1) NAGPUR, NAGPUR vs. ASHWAMI SALES AND MARKETING PVT.LTD, NAGPUR

In the result, appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

2. Whether in facts and circumstances of the case, whether the Ld.CIT(A) erred in holding that an extension for Sea. 194C(6) has been made in section 194C(7) which came into existence only from 01.04.2015, whereas no Ashwami Sales and Marketing Pvt. Ltd. ITA no.294/Nag./2023 amendment in section 194C (7) was made by Finance

SHRI KISHORE SOMDATTA SHUKLA ,AKOLA vs. INCOME TAX OFFICER WARD -3, AKOLA

Appeal is allowed in above terms

section 2 40A(3) disallowance regarding the assessee’s payment of Rs.19,43,850/- made to two country liquor retailers

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

2,81,33,000/- included in the Work-in-progress of Rs. 15,64,07,053/- shown in the P&L account. (iv) verification of disallowance u/s 40a(ia) of the Act." 11. We find that the issues on which re–assessment order was passed under section

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

2,81,33,000/- included in the Work-in-progress of Rs. 15,64,07,053/- shown in the P&L account. (iv) verification of disallowance u/s 40a(ia) of the Act." 11. We find that the issues on which re–assessment order was passed under section

INCOME TAX OFFICER, WARD -2, WARDHA, WARDHA vs. PADMAKAR KRUSHNAJI WARBHE, HINGANGHAT

In the result, the appeal of the revenue is dismissed

disallowances\nunder section 40A(3) are justified for such payments.\n5. We have considered rival submissions of the parties and have gone through\nthe orders of lower authorities carefully. We find that the AO made the\naddition under section 40A(3) of Rs.10,16,03,090/-, being 20% of total\npayment of Rs.50.83 crores by taking into view that

AJAZ AHMAD,AKOLA vs. INCOME TAX OFFICER, WARD-1, AKOLA

In the result, appeal by the assessee is allowed

Bench: Shri V. Durga Rao

section 40A(3) of the Act. These six persons, besides being Cultivator are Agents of Cultivators, the assessee furnished affidavits of four persons confirming same facts. Affidavits of 2 persons were not available immediately, so the Assessing Officer disallowed

AHSAAN QURESHI,NAGPUR vs. ACIT CIRCLE-2, NAGPUR

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao

disallowed the amount of ` 3 lakh under section 40A(2)(b) of the Act. The learned CIT(A) confirmed the addition

RAHUL UDYOG,AMRAVATI vs. INCOME TAX OFFICER,WARD-2, AMRAVATI

In the result, the ground no

Bench: Shri Vikram Singh Yadav & Shri Yogesh Kumar U.S

40A(2) and thereby disallowing Rs. 4,63,656/- inspite of the fact that interest rate is quite fair & reasonable with existing market rate and no contrary evidence is brought by Ld AO on record regarding excessive interest rate. 2. At the outset, it is noted that there has been a delay of 47 days in filing the present appeal

SHRI ANKIT SHANKARLAL TANWANI,CHHINDWARA vs. ASSISTANAT COMMISSIONER OF INCOME TAX, NAGPUR

In the result, assessee’s appeal is partly allowed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2019-20 Shri Ankit Shankar Lal Tanwani Vs. The Acit Near Shankar Mandir, Shankar Central Circle 2(1) Nagar, Pandhuna Pandhurna Nagpur Chhindwara – 480 334 (M.P.) Pan No.:Biapt 4756 R Appellant Respondent Assessee By: Shri Manoj G. Moryani, Adv. & Shri Bhavesh Moryani, Adv Revenue By :Shri Piyush Kolhe (Cit-Dr) Date Of Hearing: 28/04/2022 Date Of Pronouncement: 8/6 /2022 Order Per: Sandeep Gosain, J.M. The Captioned Appeal Has Been Filed By The Assessee Challenging The Impugned Order Dated 8Th October 2021, Passed By The Commissioner Of Income Tax (Appeals)–3, Nagpur, [In Short “The Learned Cit(A)”] Under Section 250 Of The Income Tax Act, 1961 (In Short "The Act") For The Assessment Year 2019-20. The Assessee Has Filed The Present Appeal On The Following Grounds:- 2. “1. The Commissioner Of Income Tax (Appeals)-3, Nagpur Erred In Confirming Addition, Therefore Order Passed Is Illegal, Invalid & Bad In Law.

disallowance under section 40A(3) required to be made. Thereafter, AO did not allow deduction under section 80HHC. On appeal, CIT(A) deleted said addition. Tribunal deleted the addition made by AO solely on the basis of statement of 'CP', the ostensible proprietor of 'ST' and 'RC' keeping in view that no evidence was found in course of search proceedings

PANKAJ UTTAMCHAND KATARIA ,AMRAVATI vs. INCOME TAX OFFICE WARD -3, AMRAVATI

In the result, the appeal filed by the assessee stands allowed

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.34/Nag/2018 िनधा"रण वष" / Assessment Year: 2012-13 Pankaj Uttamchand Kataria, Vs. Ito, Ward-3, Amravati. Kataria Agencies, Nawathe Plot, Danwantri, Amravati. Pan : Aibpk3441Q Appellant Respondent Assessee By : None Revenue By : Shri G. J. Ninawe Date Of Hearing : 26.09.2022 Date Of Pronouncement : 07.11.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-1, Nagpur [‘The Cit(A)’] Dated 21.12.2016 For The Assessment Year 2012-13. 2. At The Outset, There Is A Delay In Filing The Present Appeal Of 317 Days. The Appellant Filed A Condonation Petition Stating That The Delay In Filing The Present Appeal Had Occurred On Account Of The Appellant Pursuing The Alternative Remedy By Filing The Petition U/S 154 & The Order U/S 154 From The Commissioner Of Income Tax (Appeals) Was Received On 02.09.2017. Thereafter, The Counsel Of The Appellant Was Busy In Attending His Father, Who Is Aged About 83

disallowed a sum of Rs.1,57,200/- invoking the provisions of section 40A(2)(b) of the Income Tax Act, 1961 (‘the Act’) made

INCOME TAX OFFICER WARD 1(4), NAGPUR vs. RAHI MAHILA NAGRI SAHAKARI PATSANSTHA LIMITED, NAGPUR

In the result, appeal by the Revenue stands dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

sections 32, 40(a)(ia), 40A(3), 43B, etc. of the Act and other specific disallowances, related to the business activity against which the Chapter VI-A deduction has been claimed, result in enhancement of the profits of the eligible business, and that deduction under Chapter VI-A is admissible on the profits so enhanced by the disallowance." The principle

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. M/S SHREE AGRAWAL FINANCE INDIA P. LTD.,, NAGPUR

In the result, Revenue’s appeal is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

40A (2) (b) of the Income Tax Act. The assessee has complied with the provisions of TDS on the interest payments as stated by the AO in the Remand Report. On facts, it is held that the addition made by the AO was not justified. The addition of Rs. 7,86,217/- made by the AO due to disallowance

BHANDARKAR JEWELLERS ,NAGPUR vs. INCOME TAX OFFICE WARD 1(1), NAGPUR

Appeal is allowed in above terms

Bench: Shri S. S. Godaraआयकर अपील सं. / Ita No.60/Nag/2019 िनधा"रण वष" / Assessment Year: 2013-14 Bhandarkar Jewellers, Vs. Ito, Ward- 1(1), Nagpur. Shop No.1, Jyeshta Apartments, Ring Road, Bhamti Parsodi, Nagpur- 440022. Pan : Aaifb4042M Appellant Respondent Assessee By : None Revenue By : Shri G. J. Ninawe Date Of Hearing : 02.11.2022 Date Of Pronouncement : 27.12.2022 आदेश / Order Per S. S. Godara, Jm: This Assessee’S Appeal For Assessment Year 2013-14 Arises Against The Cit(A)-1, Nagpur’S Order Dated 20.12.2018 Passed In Case No. Cit(A)-1/60/2016-17, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short “The Act”. Case Called Twice. None Appears At Assessee’S Behest. It Is Accordingly Proceeded Ex-Parte. 2. It Is Noticed With The Able Assistance From The Revenue Side That The Assessee’S Sole Substantive Grievance Challenges Correctness Of Both The Learned Lower Authorities’ Action Disallowing Interest

disallowing interest 2 claim of Rs.7,62,973/- made in cash regarding identical cash loans availed from various creditors. Both the learned lower authorities hold that the impugned cash payments of interest invites section 40A

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. M/S SHREE AGRAWAL FINANCE INDIA P. LTD.,, NAGPUR

disallowance of brought forward\nlosses, without going into the merits of the case.\n16. Any other ground that may be urged at the time of hearing.\"\n3. At the outset, the learned Authorized Representative appearing for\nthe assessee submitted that the tax effect on the amount disputed by the\nRevenue is below the revised monetary limit of Rs.60 lakhs applicable

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), NAGPUR vs. M/S. FUELCO COAL INDIA LTD., NAGPUR

Appeal of the Revenue is dismissed

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

2) of the Income Tax Act, 1961 ("the Act") was served on 10/09/2015, on the assessee company. Scrutiny assessment under section 143(3) of the Act was completed vide order dated 3 M/s. Fuel Co. Coal India Ltd. ITA no.90/Nag./2022 29/12/2016, determining total income at ` 7,64,84,380, after making the following addition:– Sr. Description Amount (`) no. Unexplained

SUNIL NARAYANDAS KHATOD ,AKOLA vs. COMMISSIONER OF INCOME TAX -1, NAGPUR

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.134/Nag/2019 िनधा"रण वष" / Assessment Year : 2014-15 Sunil Narayndas Khatod, The Commissioner Of Nagpuri Gin Compound, Vs Income Tax-1, Behind Old Cotton Market, Nagpur. Nagpur – 444001. Pan: Adepk3087C Appellant/ Assessee Respondent/Revenue Assessee By Shri Rajesh V.Loya – Ca Revenue By Shri Kailash G. Kanojiya – Sr.Dr Date Of Hearing 21/09/2023 Date Of Pronouncement 21/11/2023

disallowed out of Brokerage Expenses. The Ld.Pr.CIT invoked jurisdiction u/s 263 on the ground that the AO had not referred the case to the Transfer Pricing Officer though one of the reasons for selection of the case for scrutiny was ‘Large Specifies Domestic Transactions’, which according the Ld.Pr.CIT was mandatory as per the provisions of the Act and CBDT instruction

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. M/S SHREE AGRAWAL FINANCE INDIA P. LTD.,, NAGPUR

In the result, appeals filed by the Revenue are dismissed

disallowance of brought forward\nlosses, without going into the merits of the case.\n16. Any other ground that may be urged at the time of hearing.\"\n3. At the outset, the learned Authorized Representative appearing for\nthe assessee submitted that the tax effect on the amount disputed by the\nRevenue is below the revised monetary limit of Rs.60 lakhs applicable